Child Custody Frequently Asked Questions

Child custody

At Viloria, Oliphant, Oster & Aman, L.L.P., our family attorneys are focused on helping our clients resolve issues of child custody. We understand what children mean to our clients and the real-life impact that child custody orders can have on a parent’s relationship with their children. Therefore, our clients must have a practical understanding of Nevada’s child custody laws.

Frequently Asked Question 1: How Does a Court Decide the Custody of a Child?

Courts decide issued of child custody based on the child’s best interest. There are two types of custody: legal and physical custody. Legal custody is the right to make critical decisions regarding the child’s moral upbringing, medical decisions, education decisions, and legal decisions. Physical custody involves which parent gets to decide where the child primarily resides, the right to have physical care of the child, and the visitation rights of the parents.

In deciding how to award custody, courts have a great deal of discretion in the type of evidence they consider. Some of the factors a court must consider are the wishes of a sufficiently mature child, the level of conflict between parents and their ability to co-parent, the health of the parents, the needs of the child, the child’s relationship with each parent, and any indication that the parent-child relationship is improper.

Frequently Asked Question 2: Can Visitation Get Cut Off Because of Child Support Issues?

The short answer is no. Some custodial parents assume that a parent who fails to meet their child support obligations should not get visits with their children. This is not true under the law, since child support and visitation are separate legal issues that are not linked together.

While parents have a legal obligation to support their children, the law presumes that it is in a child’s best interest to have a continuing relationship with both parents. So failure to pay child support does not give the receiving parent any legal right to deny visitation.

Frequently Asked Question 3: Can I Change a Child Custody Order?

A parent cannot unilaterally decide to change a child custody order or to not comply with an order. Instead, there needs to be an agreement between the parents that is approved by the court, or a spouse must successfully petition a court to modify an existing order. Absent an agreement, a court will need to see a “substantial change” in the child’s circumstances before considering a modification and whether a change would be in the child’s best interest.

Family Law Attorneys, Viloria, Oliphant, Oster & Aman L.L.P.

If you need help resolving an issue of child custody, contact the family lawyers at Viloria, Oliphant, Oster & Aman, L.L.P. Your parental rights matter and our lawyers understand the gravity of resolving these issues well. Our lawyers are smart, effective, and respected. Let us help you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.

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